United States Forest Service v. Cowpasture River Preservation Association

In 2015, Atlantic Coast Pipeline, LLC applied to construct a 604-mile natural gas pipeline from West Virginia to North Carolina, crossing 16 miles of the George Washington National Forest and passing 600 feet beneath the Appalachian Trail. The U.S. Forest Service granted a special use permit for the 0.1-mile crossing. Environmental groups, led by the Cowpasture River Preservation Association, challenged the permit in the Fourth Circuit, arguing that the Appalachian Trail is part of the National Park System and that the Mineral Leasing Act prohibits pipeline rights-of-way through such lands. The Fourth Circuit agreed and vacated the permit. The Supreme Court granted certiorari to resolve whether the Forest Service had statutory authority to issue the permit.

The Supreme Court reversed the Fourth Circuit in a 7-2 decision on June 15, 2020. Justice Thomas, writing for the majority, held that the Department of the Interior's assignment of responsibility over the Appalachian Trail to the National Park Service did not transform the land over which the Trail passes into land within the National Park System. Therefore, the Forest Service had the authority under the Mineral Leasing Act to issue the special use permit. Justices Sotomayor and Kagan dissented.

Whether the Mineral Leasing Act authorizes the United States Forest Service to grant a right-of-way for a natural gas pipeline beneath a segment of the Appalachian Trail that crosses through national forest lands, or whether the Trail's administration by the National Park Service transforms the underlying land into National Park System land, thereby barring such permits.

The decision was a significant victory for energy infrastructure development and clarified the jurisdictional boundaries between the Forest Service and the National Park Service over lands traversed by national scenic trails. It set a precedent allowing the Forest Service to permit pipeline crossings beneath the Appalachian Trail within national forests. However, the Atlantic Coast Pipeline project was ultimately abandoned in July 2020 due to ongoing delays and legal uncertainties, despite the Supreme Court ruling. The case also highlighted the intersection of environmental justice concerns and energy policy, with protests occurring outside the Supreme Court during oral arguments.